S.B. No. 1395
relating to the establishment of high school diploma programs by
Job Corps training programs under the United States Department of
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 2, Education Code, is amended
by adding Chapter 18 to read as follows:
CHAPTER 18. JOB CORPS DIPLOMA PROGRAMS
Sec. 18.001. DEFINITIONS. In this chapter:
(1) "Job Corps diploma program" or "diploma program"
means a public school high school diploma program established and
operated under this chapter.
(2) "Job Corps training program" means any corporate
entity authorized to do business in the state and currently under
contract with the United States Department of Labor to operate a Job
Corps training program under the Workforce Investment Act of 1998
(29 U.S.C. Section 2801 et seq.).
Sec. 18.002. ESTABLISHMENT. (a) A Job Corps training
program may establish a high school diploma program to operate
public secondary schools at Job Corps facilities throughout the
(b) A Job Corps diploma program established under this
chapter is separate and distinct from the United States Department
Sec. 18.003. AUTHORITY. A Job Corps diploma program may
offer a secondary school curriculum, a high school diploma program,
and a General Educational Development program.
Sec. 18.004. GOALS. The goals of a Job Corps diploma
program are to:
(1) serve at-risk students who have not been
successful in a traditional school setting;
(2) increase student success rates in obtaining and
maintaining employment; and
(3) decrease future societal costs by offering a high
school diploma program to students who would benefit from Job Corps
academic and vocational programs.
Sec. 18.005. GOVERNANCE; LIMITATION ON POWERS; DUTIES.
(a) A Job Corps diploma program shall be governed as provided by
this chapter and policies established by the Job Corps training
program operating the diploma program. Unless otherwise provided
by this chapter, a provision of this code applicable to a school
district does not apply to a Job Corps diploma program.
(b) A Job Corps diploma program may not impose a tax.
(c) A Job Corps diploma program shall:
(1) develop educational programs specifically
designed for persons eligible for enrollment in a Job Corps
training program established by the United States Department of
(2) coordinate educational programs and services in
the diploma program with programs and services provided by the
United States Department of Labor and other federal and state
agencies and local political subdivisions and by persons who
provide programs and services under contract with the United States
Department of Labor;
(3) provide a course of instruction that includes the
required curriculum under Subchapter A, Chapter 28;
(4) require that students enrolled in the diploma
program satisfy the requirements of Section 39.025 before receiving
a diploma under this chapter; and
(5) comply with a requirement imposed under this title
or a rule adopted under this title relating to the Public Education
Information Management System (PEIMS) to the extent necessary to
determine compliance with this chapter, as determined by the
Sec. 18.006. ACCOUNTABILITY. (a) The commissioner shall
develop and implement a system of accountability consistent with
Chapter 39, where appropriate, to be used in assigning an annual
performance rating to Job Corps diploma programs comparable to the
ratings assigned to school districts under Section 39.072.
(b) In addition to other factors determined to be
appropriate by the commissioner, the accountability system must
include consideration of:
(1) student performance on the secondary exit-level
assessment instruments required by Section 39.023(c); and
(2) dropout rates, including dropout rates and diploma
program completion rates for the grade levels served by the diploma
Sec. 18.007. ELIGIBILITY FOR CERTAIN PROGRAMS AND SERVICES.
(a) Any person enrolled in good standing in a Job Corps diploma
program who is not a high school graduate is eligible for programs
or services under this chapter.
(b) A person's eligibility for programs and services under
this chapter does not exclude the person from being eligible for an
educational program or service under any other chapter of this
Sec. 18.008. GRANTS AND FEDERAL FUNDS. (a) A Job Corps
diploma program may accept a grant from a public or private
organization and may spend those funds to supplement programs and
provide student services.
(b) A diploma program may accept federal funds and shall use
those funds in compliance with applicable federal law, regulations,
Sec. 18.009. COSTS. (a) A Job Corps training program
shall pay the cost of operating its diploma program.
(b) The operating costs of a program may not be charged to a
Sec. 18.010. PROGRAM EMPLOYEES. (a) Job Corps diploma
program employees are not considered employees of the state.
(b) A diploma program may establish personnel policies as
necessary to ensure its effective and efficient operation under
(c) A diploma program employee required under Chapter 21 to
hold a certificate if employed by a school district must be
certified in accordance with that chapter.
SECTION 2. Subsection (b), Section 1.001, Education Code,
is amended to read as follows:
(b) Except as provided by Chapter 18, Chapter 19, Subchapter
A, Chapter 29, or Subchapter E, Chapter 30, this code does not apply
to students, facilities, or programs under the jurisdiction of the
Texas] Department of Aging [ Mental Health] and Disability
Services, the Department of State Health Services, the Health and
Human Services Commission [ Mental Retardation], the Texas Youth
Commission, [ the Texas Department of Human Services,] the Texas
Department of Criminal Justice, a Job Corps program operated by or
under contract with the United States Department of Labor, or any
juvenile probation agency.
SECTION 3. Subsection (a), Section 25.086, Education Code,
is amended to read as follows:
(a) A child is exempt from the requirements of compulsory
school attendance if the child:
(1) attends a private or parochial school that
includes in its course a study of good citizenship;
(2) is eligible to participate in a school district's
special education program under Section 29.003 and cannot be
appropriately served by the resident district;
(3) has a physical or mental condition of a temporary
and remediable nature that makes the child's attendance infeasible
and holds a certificate from a qualified physician specifying the
temporary condition, indicating the treatment prescribed to remedy
the temporary condition, and covering the anticipated period of the
child's absence from school for the purpose of receiving and
recuperating from that remedial treatment;
(4) is expelled in accordance with the requirements of
law in a school district that does not participate in a mandatory
juvenile justice alternative education program under Section
(5) is at least 17 years of age and:
(A) is attending a course of instruction to
prepare for the high school equivalency examination, and:
(i) has the permission of the child's parent
or guardian to attend the course;
(ii) is required by court order to attend
(iii) has established a residence separate
and apart from the child's parent, guardian, or other person having
lawful control of the child; or
(iv) is homeless as defined by 42 U.S.C.
Section 11302; or
(B) has received a high school diploma or high
school equivalency certificate;
(6) is at least 16 years of age and is attending a
course of instruction to prepare for the high school equivalency
(A) the child is recommended to take the course
of instruction by a public agency that has supervision or custody of
the child under a court order; or
(B) the child is enrolled in a Job Corps training
program under the Workforce Investment Act of 1998 (29 U.S.C.
Section 2801 et seq.) [ Job Training Partnership Act (29 U.S.C.
Section 1501 et seq.), and its subsequent amendments];
(7) is at least 16 years of age and is enrolled in a
high school diploma program under Chapter 18;
(8) is enrolled in the Texas Academy of Mathematics
(9) [ (8)] is enrolled in the Texas Academy of
Leadership in the Humanities; or
(10) [ (9)] is specifically exempted under another
SECTION 4. This Act applies beginning with the 2005-2006
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1395 passed the Senate on
April 28, 2005, by the following vote: Yeas 31, Nays 0.
Secretary of the Senate
I hereby certify that S.B. No. 1395 passed the House on
May 25, 2005, by the following vote: Yeas 144, Nays 0, two
present not voting.
Chief Clerk of the House